Dissolves the New York state thruway authority; transfers all functions, employees, records, authority, debts and obligations of such authority to the department of transportation.
STATE OF NEW YORK
________________________________________________________________________
8341
IN SENATE
January 19, 2024
___________
Introduced by Sen. WALCZYK -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the banking law, the canal law, the economic development
law, the court of claims act, the environmental conservation law, the
executive law, the highway law, the parks, recreation and historic
preservation law, the public authorities law, the public officers law,
the real property tax law, the retirement and social security law, the
state finance law, the tax law, the transportation law, the vehicle
and traffic law, and the veterans' services law, in relation to
dissolving the New York state thruway authority, and transferring all
functions, duties, debts, and obligations of such authority to the
department of transportation; and to repeal certain provisions of the
public authorities law, the criminal procedure law, the environmental
conservation law, the highway law, the public officers law, the
retirement and social security law, the state finance law, and the
transportation law, in relation thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. 1. Dissolution of the New York state thruway authority. The
2 New York state thruway authority is hereby dissolved and discontinued,
3 and all functions, duties, debts, and obligations are hereby transferred
4 to the department of transportation in accordance with the provisions of
5 this act.
6 2. Transfer of functions. All of the functions and powers possessed
7 by, and all of the obligations and duties of the New York state thruway
8 authority are transferred and assigned to, assumed by and devolved upon
9 the department of transportation, in accordance with and pursuant to the
10 provisions of this act.
11 3. Transfer of employees. Notwithstanding any other provision of law,
12 rule, or regulation to the contrary, upon the transfer of functions from
13 the New York state thruway authority pursuant to this act, all employees
14 of the New York state thruway authority shall be transferred to the
15 department of transportation. Employees transferred pursuant to this
16 section shall be transferred without further examination or qualifica-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13563-01-3
S. 8341 2
1 tion and shall retain their respective civil service classifications,
2 status and collective bargaining unit designations and collective
3 bargaining agreements.
4 4. Transfer of records. All books, papers, and property of the New
5 York state thruway authority shall be provided to and deemed to be in
6 the possession of the department of transportation.
7 5. Continuity of authority. For the purpose of succession of all func-
8 tions, powers, duties and obligations transferred and assigned to,
9 devolved upon and assumed by it pursuant to this act, the department of
10 transportation shall be deemed and held to constitute the continuation
11 of the New York state thruway authority.
12 6. Completion of unfinished business. Any business or other matter
13 undertaken or commenced by the New York state thruway authority pertain-
14 ing to or connected with the functions, powers, obligations and duties
15 hereby transferred and assigned to the department of transportation and
16 pending on the effective date of this act, may be conducted and
17 completed by the department of transportation in the same manner and
18 under the same terms and conditions and with the same effect as if
19 conducted and completed by the New York state thruway authority.
20 7. Continuation of rules and regulations. All rules, regulations,
21 acts, orders, determinations, and decisions of the New York state thru-
22 way authority pertaining to the functions and powers transferred and
23 assigned pursuant to this act, in force at the time of such transfer and
24 assumption, shall continue in full force and effect as rules, regu-
25 lations, acts, orders, determinations and decisions of the department of
26 transportation until duly modified or abrogated by such department.
27 8. Terms occurring in laws, contracts and other documents. Whenever
28 the New York state thruway authority, or the board thereof, is referred
29 to or designated in any contract or document pertaining to the func-
30 tions, powers, obligations and duties hereby transferred to and assigned
31 to the department of transportation, such reference or designation shall
32 be deemed to refer to the department of transportation.
33 9. Existing rights and remedies preserved. No existing right or remedy
34 of any character shall be lost, impaired or affected by any provisions
35 of this act.
36 10. Pending actions and proceedings. No action or proceeding pending
37 at the time when this act shall take effect, brought by or against the
38 New York state thruway authority, or the board thereof, shall be
39 affected by any provision of this act, but the same may be prosecuted or
40 defended in the name of the department of transportation. In all such
41 actions and proceedings, the department of transportation, upon applica-
42 tion of the court, shall be substituted as a party.
43 11. Transfer of assets and liabilities. All assets and liabilities of
44 the New York state thruway authority are hereby transferred to and
45 assumed by the department of transportation.
46 § 2. Paragraph (c) of subdivision 1 of section 103 of the banking law,
47 as amended by chapter 227 of the laws of 2013, is amended to read as
48 follows:
49 (c) Loans (exclusive of any loan described in paragraph (a) of this
50 subdivision) to any state other than the state of New York, or to any
51 foreign nation, [the New York State thruway authority,] the Triborough
52 bridge and tunnel authority, The Port of New York Authority, a railroad
53 corporation, a municipal corporation of this state, a corporation
54 subject to the jurisdiction of a public service commission of this
55 state, or any international lending facility or public benefit corpo-
56 ration designated by the superintendent by regulation, may equal but not
S. 8341 3
1 exceed twenty-five per centum of the capital stock, surplus fund and
2 undivided profits of such bank or trust company.
3 § 3. Subdivision 24 of section 2 of the canal law, as added by section
4 14 of part TT of chapter 54 of the laws of 2016, is amended to read as
5 follows:
6 24. "[Thruway] Former thruway authority" shall mean the former New
7 York state thruway authority, a body corporate and politic formerly
8 constituting a public corporation created and constituted pursuant to
9 the former title nine of article two of the public authorities law.
10 § 4. Section 5 of the canal law, as amended by section 16 of part TT
11 of chapter 54 of the laws of 2016, is amended to read as follows:
12 § 5. Transfer of powers and duties relating to canals and canal lands
13 to the power authority of the state of New York. The powers and duties
14 of the former thruway authority relating to the New York state canal
15 system as set forth in articles one through and including fourteen,
16 except article seven, of this chapter, and except properties in use on
17 the effective date of this article in support of highway maintenance,
18 equipment management and traffic signal operations of the department of
19 transportation, heretofore transferred by the commissioner of transpor-
20 tation to the former thruway authority, are hereby transferred to and
21 merged with the authority, to be exercised by the authority directly or
22 through the canal corporation on behalf of the people of the state of
23 New York. In addition, the commissioner of transportation and the chair
24 of the authority or his or her designee may, in their discretion, enter
25 into an agreement or agreements transferring the powers and duties of
26 the commissioner of transportation relating to any or all of the bridges
27 and highways as set forth in article seven of this chapter, to be exer-
28 cised by the authority directly or through the canal corporation on
29 behalf of the people of the state of New York, and, as determined to be
30 feasible and advisable by the authority's trustees, shall enter into an
31 agreement or agreements directly or through the canal corporation for
32 the financing, construction, reconstruction or improvement of lift and
33 movable bridges on the canal system. Such powers shall be in addition to
34 other powers enumerated in title one of article five of the public
35 authorities law. All of the provisions of title one of article five of
36 such law which are not inconsistent with this chapter shall apply to the
37 actions and duties of the authority pursuant to this chapter. The
38 authority shall be deemed to be the state in exercising the powers and
39 duties transferred pursuant to this section but for no other purposes.
40 § 5. Section 6 of the canal law, as added by chapter 766 of the laws
41 of 1992, and subdivisions 1, 2, 3, 4 and 5 as amended by section 17, and
42 subdivision 6 as amended and paragraphs (c) and (d) of subdivision 6 and
43 subdivision 7 as added by section 18, of part TT of chapter 54 of the
44 laws of 2016, is amended to read as follows:
45 § 6. Transfer of canal lands and other assets. 1. The jurisdiction of
46 the former thruway authority over the New York state canal system and
47 over all state assets, equipment and property, both tangible and intan-
48 gible, owned or used in connection with the planning, development,
49 construction, reconstruction, maintenance and operation of the New York
50 state canal system, as set forth in articles one through and including
51 fourteen, except article seven, of this chapter, and except properties
52 in use on the effective date of this article in support of highway main-
53 tenance, equipment management and traffic signal operations of the
54 department of transportation, heretofore transferred by the commissioner
55 of transportation to the former thruway authority, are hereby trans-
56 ferred without consideration to the authority, to be held by the author-
S. 8341 4
1 ity in the name of the people of the state of New York. In addition the
2 commissioner of transportation and the chair of the authority or his or
3 her designee may, in their discretion, enter into an agreement or agree-
4 ments transferring jurisdiction over any or all of the bridges and high-
5 ways set forth in article seven of this chapter, and any or all state
6 assets, equipment and property, both tangible and intangible, owned or
7 used in connection with the planning, development, construction, recon-
8 struction, maintenance and operation of such bridges and highways, which
9 shall be transferred without consideration to the authority, to be held
10 by the authority through the corporation in the name of the people of
11 the state of New York. Any other rights and obligations resulting from
12 or arising out of the planning, development, construction, recon-
13 struction, operation or maintenance of the New York state canal system
14 shall be deemed assigned to and shall be exercised by the authority
15 through the corporation[, except that the authority may designate the
16 chair of the thruway authority to be its agent for the operation and
17 maintenance of the New York state canal system, provided that such
18 designation shall have no force or effect after January first, two thou-
19 sand seventeen]. Such canal system shall remain the property of the
20 state and under its management and control as exercised by and through
21 the authority, through the corporation which shall be deemed to be the
22 state for the purposes of such management and control of the canals but
23 for no other purposes.
24 2. The department of transportation [and thruway authority] shall
25 deliver to the authority all books, policies, procedures, papers, plans,
26 maps, records, equipment and property of such department pertaining to
27 the functions transferred pursuant to this article.
28 3. All rules, regulations, acts, determinations, orders and decisions
29 of the commissioner of transportation, department of transportation, or
30 former thruway authority pertaining to the functions transferred pursu-
31 ant to this article in force at the time of such transfer shall continue
32 in force and effect as rules, regulations, acts, determinations, orders
33 and decisions of the authority and corporation until duly modified or
34 abrogated by such authority or corporation.
35 4. Any business or other matters undertaken or commenced by the former
36 thruway authority, including executed contracts, permits and other
37 agreements, but excluding bonds, notes or other evidences of indebt-
38 edness, pertaining to or connected with the powers, duties and obli-
39 gations transferred pursuant to this article, and in effect on the
40 effective date of the transfer of such matters from the former thruway
41 authority to the authority provided for in this article, shall, except
42 as otherwise agreed by the authority and the former thruway authority,
43 be conducted and completed by the authority through the corporation in
44 the same manner and under the same terms and conditions and with the
45 same effect as if conducted and completed by the former thruway authori-
46 ty, provided that nothing in this subdivision shall be deemed to require
47 the authority to take any action in a manner that would in its judgment
48 be inconsistent with the provisions of any bond or note resolution or
49 any other contract with the holders of the authority's bonds, notes or
50 other obligations.
51 5. No existing rights or remedies of the state, authority, [thruway
52 authority,] or canal corporation shall be lost, impaired or affected by
53 reason of this article.
54 [6. (a) No action or proceeding pending on the effective date of the
55 transfer of powers, duties and obligations from the thruway authority to
56 the authority brought by or against the thruway authority, the commis-
S. 8341 5
1 sioner of transportation, the corporation, the department of transporta-
2 tion or the authority shall be affected by this article. Any liability
3 arising out of any act or omission occurring prior to the effective date
4 of the transfer of the powers, duties and obligations from the thruway
5 authority to the authority, of the officers, employees or agents of the
6 thruway authority, the department of transportation, or any other agency
7 of the state, other than the authority, in the performance of their
8 obligations or duties under the canal law, any other law of the state or
9 any federal law, or pursuant to a contract entered into prior to the
10 effective date of such transfer, shall remain a liability of the thruway
11 authority, the department of transportation or such other agency of the
12 state and not of the authority.
13 (b) Notwithstanding any provision to the contrary contained in para-
14 graph (a) of this subdivision, the state shall indemnify and hold harm-
15 less the thruway authority, the corporation and the authority for any
16 and all claims, damages, or liabilities, whether or not caused by negli-
17 gence, including civil and criminal fines, arising out of or relating to
18 any generation, processing, handling, transportation, storage, treat-
19 ment, or disposal of solid or hazardous wastes in the canal system by
20 any person or entity other than the thruway authority or the authority
21 occurring prior to August third, nineteen hundred ninety-two. Such
22 indemnification shall extend to, without limitation, any releases into
23 land, water or air, including but not limited to releases as defined
24 under the federal comprehensive environmental response compensation and
25 liability act of nineteen hundred eighty, occurring or existing prior to
26 August third, nineteen hundred ninety-two; provided that the thruway
27 authority, the corporation and the authority shall cooperate in the
28 investigation and remediation of hazardous waste and other environmental
29 problems.
30 (c) Notwithstanding any provision to the contrary contained in para-
31 graph (a) of this subdivision, the thruway authority shall indemnify and
32 hold harmless the corporation and the authority for any and all claims,
33 damages, or liabilities, whether or not caused by negligence, including
34 civil and criminal fines, arising out of or relating to any generation,
35 processing, handling, transportation, storage, treatment, or disposal of
36 solid or hazardous wastes in the canal system by any person or entity
37 other than the authority occurring after August third, nineteen hundred
38 ninety-two and no later than the effective date of the transfer of
39 powers, duties and obligations from the thruway authority to the author-
40 ity. Such indemnification shall extend to, without limitation, any
41 releases into land, water or air, including but not limited to releases
42 as defined under the federal comprehensive environmental response
43 compensation and liability act of nineteen hundred eighty, occurring or
44 existing prior to the effective date of the transfer of powers, duties
45 and obligations from the thruway authority to the authority; provided
46 that the corporation and the authority shall cooperate in the investi-
47 gation and remediation of hazardous waste and other environmental prob-
48 lems.
49 (d) Except as otherwise provided in this chapter, the thruway authori-
50 ty shall retain all liabilities, whether or not caused by negligence,
51 arising out of any acts or omissions occurring on or after August third,
52 nineteen hundred ninety-two, in connection with its powers, duties and
53 obligations with respect to the corporation. The authority and the state
54 shall not be held liable in connection with any liabilities arising out
55 of such acts or omissions.
S. 8341 6
1 7. Notwithstanding any provision of law to the contrary, in connection
2 with the transfer of jurisdiction of the corporation to the authority
3 and the assumption of management of the corporation as a subsidiary
4 corporation of the authority pursuant to the chapter of the laws of two
5 thousand sixteen which added this subdivision, the thruway authority
6 shall have the power to fulfill any existing agreements or obligations,
7 make any agreements, receive, retain or pay any funds, deemed necessary
8 and in the public interest to effectuate the provisions and intent of
9 this chapter, including but not limited to, the entering into any agree-
10 ments with the corporation, the authority and any other federal, state,
11 municipal or other entities, and to receive funds from the federal emer-
12 gency management agency or the state, to fulfill the thruway authority's
13 existing financial or other obligations arising from its jurisdiction
14 over the canal system and the corporation.]
15 § 6. Paragraph 2 of subdivision (a) of section 168 of the economic
16 development law, as amended by chapter 33 of the laws of 2006, is
17 amended to read as follows:
18 (2) the [chairman] chairperson or his or her designated representative
19 of the [New York state thruway authority, the] New York power authority,
20 and the tourism advisory council, the New York state council on the
21 arts, the canal corporation, the canal recreationway commission, the
22 Olympic regional development authority, and the Hudson River park trust;
23 § 7. Paragraph (ii) of subdivision a of section 11 of the court of
24 claims act, as amended by chapter 439 of the laws of 1999, is amended to
25 read as follows:
26 (ii) In any action brought in the court of claims against the [New
27 York state thruway authority, the] city university of New York[,] or the
28 New York state power authority, a copy of the claim shall be served
29 personally or by certified mail, return receipt requested, upon such
30 defendant, in addition to the attorney general, within the times
31 hereinbefore provided for filing with the clerk of the court, and any
32 notice of intention shall be served personally or by certified mail,
33 return receipt requested, upon such defendant, in addition to the attor-
34 ney general, within the times hereinbefore provided for service upon the
35 attorney general. Service by certified mail, return receipt requested,
36 shall not be complete until the claim or notice of intention is received
37 by the defendant. Personal service upon any defendant shall be made in
38 the same manner as described in the civil practice law and rules.
39 § 8. Paragraph d of subdivision 5 of section 3-0311 of the environ-
40 mental conservation law, as amended by chapter 741 of the laws of 1991,
41 is amended to read as follows:
42 d. Albany Port District Commission, Battery Park City Authority, Capi-
43 tal District Transportation Authority, Central New York Regional Trans-
44 portation Authority, Dormitory Authority of the State of New York,
45 Facilities Development Corporation, Metropolitan Transportation Authori-
46 ty (including the operations of all of its operating units), New York
47 State Energy Research and Development Authority, New York State Environ-
48 mental Facilities Corporation, New York State Olympic Regional Develop-
49 ment Authority, [New York State Thruway Authority,] New York State Urban
50 Development Corporation, Niagara Frontier Transportation Authority,
51 Ogdensburg Bridge and Port Authority, Port Authority of New York and New
52 Jersey, Port of Oswego Authority, Power Authority of the State of New
53 York, Rochester-Genesee Regional Transportation Authority; and
54 § 9. Subdivision 2 of section 6-0103 of the environmental conservation
55 law, as added by chapter 433 of the laws of 2010, is amended to read as
56 follows:
S. 8341 7
1 2. "State infrastructure agency" shall mean the department, the
2 department of transportation, the department of education, the depart-
3 ment of health, the department of state, the New York state environ-
4 mental facilities corporation, the New York state housing finance agen-
5 cy, the housing trust fund corporation, the dormitory authority, [the
6 thruway authority,] the port authority of New York and New Jersey, the
7 empire state development corporation, the New York state urban develop-
8 ment corporation and all other New York authorities. Any subsidiary of,
9 or corporation with the same members or directors as, a public benefit
10 corporation identified in this subdivision shall also be deemed to be
11 within the definition of state infrastructure agency under this article.
12 § 10. Subdivision 1 of section 9-1705 of the environmental conserva-
13 tion law, as added by chapter 674 of the laws of 2007, is amended to
14 read as follows:
15 1. There is hereby established the New York invasive species council.
16 Such council shall consist of a total of [nine] eight members and shall
17 include the commissioner, the commissioners of agriculture and markets,
18 transportation, parks, recreation and historic preservation, education,
19 the secretary of state, [the chairperson of the New York state thruway
20 authority,] the director of the New York state canal corporation, and
21 the chairperson of the Adirondack Park agency, or a designee of such
22 department, agency or public authority.
23 § 11. Paragraph b of subdivision 1 and subdivision 2 of section
24 19-0320 of the environmental conservation law, as added by chapter 621
25 of the laws of 1998, are amended to read as follows:
26 b. "Roadside program" means a roadside examination program conducted
27 pursuant to the heavy duty vehicle emissions reduction act for the
28 inspection of emissions and emission control equipment, at any public or
29 quasi-public location as designated by the commissioner of transporta-
30 tion with the concurrence of the department [and, where appropriate, the
31 New York state thruway authority].
32 2. The department, jointly with the departments of motor vehicles and
33 transportation, shall develop a program for the inspection of emissions
34 from heavy duty vehicles. Such inspection program shall consist of an
35 annual inspection program and a roadside program. The annual inspection
36 program developed in accordance with this section shall be limited to
37 heavy duty vehicles registered or required to be registered in counties
38 in the state designated as being in serious, severe or extreme non-at-
39 tainment of the National Ambient Air Quality Standard for ozone pursuant
40 to the 1990 amendments of the federal Clean Air Act (42 U.S.C. 7511).
41 Under no circumstances shall such program require heavy duty vehicles to
42 meet emission standards more stringent than the new vehicle emission
43 standards to which such vehicles were certified pursuant to the federal
44 Clean Air Act. The department shall, with the department of transporta-
45 tion [and, where appropriate, the New York state thruway authority],
46 jointly develop criteria for roadside program site selection and proce-
47 dures for the control of traffic and operation of such sites.
48 § 12. Subdivision 2 of section 27-1903 of the environmental conserva-
49 tion law, as added by section 3 of part V1 of chapter 62 of the laws of
50 2003, is amended to read as follows:
51 2. State government must make an essential contribution to the devel-
52 opment and implementation of environmentally, economically and techni-
53 cally viable waste tire management programs. The department shall coop-
54 erate with other state agencies, including the department of economic
55 development, New York state energy research and development authority,
56 the department of transportation, [the New York state thruway authority]
S. 8341 8
1 and the department of health, to ensure that waste tires are effectively
2 managed and used in environmentally acceptable ways consistent with the
3 purposes of this chapter.
4 § 13. Paragraph (d) of subdivision 2 of section 37-0301 of the envi-
5 ronmental conservation law, as added by chapter 663 of the laws of 1994,
6 is amended to read as follows:
7 (d) dormitory authority of the state of New York, facilities develop-
8 ment corporation, metropolitan transportation authority (including the
9 operations of all of its operating units), New York state energy
10 research and development authority, New York state environmental facili-
11 ties corporation, New York state olympic regional development authority,
12 [New York state thruway authority,] New York state urban development
13 corporation, port authority of New York and New Jersey, and power
14 authority of the state of New York.
15 § 14. Subdivision 1 of section 21 of the executive law, as amended by
16 chapter 699 of the laws of 2022, is amended to read as follows:
17 1. There is hereby created in the executive department a disaster
18 preparedness commission consisting of the commissioners of transporta-
19 tion, health, division of criminal justice services, education, economic
20 development, agriculture and markets, housing and community renewal,
21 general services, labor, environmental conservation, mental health,
22 addiction services and supports, parks, recreation and historic preser-
23 vation, corrections and community supervision, children and family
24 services, homeland security and emergency services, and people with
25 developmental disabilities, the president of the New York state energy
26 research and development authority, the superintendents of state police
27 and financial services, the secretary of state, the state fire adminis-
28 trator, the chair of the public service commission, the adjutant gener-
29 al, the office of information technology services, and the office of
30 victim services, the chairs of [the thruway authority,] the office for
31 the aging, the metropolitan transportation authority, the port authority
32 of New York and New Jersey, the chief professional officer of the state
33 coordinating chapter of the American Red Cross, the chief professional
34 officer of 2-1-1 New York state and three additional members, to be
35 appointed by the governor, two of whom shall be chief executives. Each
36 member agency may designate an executive level officer of that agency,
37 with responsibility for disaster preparedness matters, who may represent
38 that agency on the commission. The commissioner of the division of home-
39 land security and emergency services shall serve as chair of the commis-
40 sion, and the governor shall designate the vice chair of the commission.
41 The members of the commission, except those who serve ex officio, shall
42 be allowed their actual and necessary expenses incurred in the perform-
43 ance of their duties under this article but shall receive no additional
44 compensation for services rendered pursuant to this article.
45 § 15. Paragraph (b) of subdivision 11 of section 310 of the executive
46 law, as amended by chapter 463 of the laws of 2011, is amended to read
47 as follows:
48 (b) a "state authority," as defined in subdivision one of section two
49 of the public authorities law, and the following:
50 Albany County Airport Authority;
51 Albany Port District Commission;
52 Alfred, Almond, Hornellsville Sewer Authority;
53 Battery Park City Authority;
54 Cayuga County Water and Sewer Authority;
55 (Nelson A. Rockefeller) Empire State Plaza Performing Arts
56 Center Corporation;
S. 8341 9
1 Industrial Exhibit Authority;
2 Livingston County Water and Sewer Authority;
3 Long Island Power Authority;
4 Long Island Rail Road;
5 Long Island Market Authority;
6 Manhattan and Bronx Surface Transit Operating Authority;
7 Metro-North Commuter Railroad;
8 Metropolitan Suburban Bus Authority;
9 Metropolitan Transportation Authority;
10 Natural Heritage Trust;
11 New York City Transit Authority;
12 New York Convention Center Operating Corporation;
13 New York State Bridge Authority;
14 New York State Olympic Regional Development Authority;
15 [New York State Thruway Authority;]
16 Niagara Falls Public Water Authority;
17 Niagara Falls Water Board;
18 Port of Oswego Authority;
19 Power Authority of the State of New York;
20 Roosevelt Island Operating Corporation;
21 Schenectady Metroplex Development Authority;
22 State Insurance Fund;
23 Staten Island Rapid Transit Operating Authority;
24 State University Construction Fund;
25 Syracuse Regional Airport Authority;
26 Triborough Bridge and Tunnel Authority.
27 Upper Mohawk valley regional water board.
28 Upper Mohawk valley regional water finance authority.
29 Upper Mohawk valley memorial auditorium authority.
30 Urban Development Corporation and its subsidiary corporations.
31 § 16. Paragraph (b) of subdivision 7 of section 821 of the executive
32 law, as added by chapter 96 of the laws of 2019, is amended to read as
33 follows:
34 (b) a "state authority," as defined in subdivision one of section two
35 of the public authorities law, and the following:
36 Albany County Airport Authority;
37 Albany Port District Commission;
38 Alfred, Almond, Hornellsville Sewer Authority;
39 Battery Park City Authority;
40 Cayuga County Water and Sewer Authority;
41 (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
42 Corporation;
43 Industrial Exhibit Authority;
44 Livingston County Water and Sewer Authority;
45 Long Island Power Authority;
46 Long Island Rail Road;
47 Long Island Market Authority;
48 Manhattan and Bronx Surface Transit Operating Authority;
49 Metro-North Commuter Railroad;
50 Metropolitan Suburban Bus Authority;
51 Metropolitan Transportation Authority;
52 Natural Heritage Trust;
53 New York City Transit Authority;
54 New York Convention Center Operating Corporation;
55 New York State Bridge Authority;
56 New York State Olympic Regional Development Authority;
S. 8341 10
1 [New York State Thruway Authority;]
2 Niagara Falls Public Water Authority;
3 Niagara Falls Water Board;
4 Port of Oswego Authority;
5 Power Authority of the State of New York;
6 Roosevelt Island Operating Corporation;
7 Schenectady Metroplex Development Authority;
8 State Insurance Fund;
9 Staten Island Rapid Transit Operating Authority;
10 State University Construction Fund;
11 Syracuse Regional Airport Authority;
12 Triborough Bridge and Tunnel Authority;
13 Upper Mohawk Valley Regional Water Board;
14 Upper Mohawk Valley Regional Water Finance Authority;
15 Upper Mohawk Valley Memorial Auditorium Authority;
16 Urban Development Corporation and its subsidiary corporations.
17 § 17. Paragraph (a) of subdivision 5 of section 10-f of the highway
18 law, as amended by section 6 of part A of chapter 57 of the laws of
19 2014, is amended to read as follows:
20 (a) Funding of municipal projects will be made upon the application
21 for funding of prior expenditures in a format prescribed by the commis-
22 sioner. [Such funding of state projects may be pursuant to agreements
23 between the commissioner and the New York state thruway authority and
24 may be from the proceeds of bonds, notes or other obligations issued
25 pursuant to section three hundred eighty-five of the public authorities
26 law.]
27 § 18. Paragraph (a) of subdivision 5 of section 10-g of the highway
28 law, as amended by section 7 of part A of chapter 57 of the laws of
29 2014, is amended to read as follows:
30 (a) Funding of municipal projects will be made upon the application
31 for funding of prior expenditures in a format prescribed by the commis-
32 sioner. [Such funding of state projects may be pursuant to agreements
33 between the commissioner and the New York state thruway authority and
34 may be from the proceeds of bonds, notes or other obligations issued
35 pursuant to section three hundred eighty-five of the public authorities
36 law.]
37 § 19. Subdivision 4 of section 23 of the highway law, as added by
38 chapter 599 of the laws of 1987, is amended to read as follows:
39 4. In the preparation of this report the commissioner shall consult
40 with the county and other state governments, [the New York state thruway
41 authority,] the port authority of New York and New Jersey and such
42 public or private agencies as the commissioner deems appropriate.
43 § 20. Subdivision 4 of section 23 of the highway law, as added by
44 chapter 698 of the laws of 1987, is amended to read as follows:
45 4. In the preparation of this report, the commissioner and the commis-
46 sioner of environmental conservation shall consult with the county and
47 other state governments, [the New York state thruway authority,] the
48 port authority of New York and New Jersey and such public or private
49 agencies as the commissioner deems appropriate.
50 § 21. Paragraph (b) of subdivision 1 of section 88-a of the highway
51 law, as amended by section 12 of part D of chapter 60 of the laws of
52 2012, is amended to read as follows:
53 (b) the chairperson, or his or her designated representative, of the
54 [New York state thruway authority, the] adirondack park agency and the
55 tourism advisory council;
S. 8341 11
1 § 22. The paragraph relating to interstate route 504, the paragraph
2 relating to interstate route 506, and the opening paragraph of the para-
3 graph relating to interstate route connection 520 of section 340-a of
4 the highway law, the paragraph relating to interstate route 504 as
5 amended by chapter 120 of the laws of 1987, the paragraph relating to
6 interstate route 506 and the opening paragraph of the paragraph relating
7 to interstate route connection 520, as amended by chapter 1110 of the
8 laws of 1971, are amended to read as follows:
9 Interstate Route 504. Beginning on the Pennsylvania-New York border in
10 the vicinity of Lake Erie, thence in a general northeasterly direction
11 passing in the vicinity of Dunkirk, to the vicinity of Big Tree and
12 generally northerly to the town of Cheektowaga, and continuing northerly
13 to the vicinity of Williamsville and generally easterly through or in
14 the vicinity of Batavia and Syracuse, intersecting interstate route 505
15 in the vicinity of Syracuse, continuing generally easterly passing
16 through or in the vicinity of Oneida, Utica, Little Falls, Amsterdam and
17 Schenectady to an intersection with interstate route 502 in the vicinity
18 of Albany the foregoing route being a portion of the New York state
19 thruway; thence in a general easterly direction through the city of
20 Albany to an intersection with interstate route connection 540 in the
21 vicinity of Lower Patroon Island, thence in a general southeasterly
22 direction to a point on the Berkshire section of the New York state
23 thruway in the vicinity of state highway five thousand eighty-four, as
24 determined by the commissioner of transportation [and the chairman of
25 the New York state thruway authority], thence continuing along the New
26 York state thruway to the New York-Massachusetts border, such interstate
27 route to be designated, in addition to any other name or designation, as
28 the "AMVETS Memorial Highway".
29 Interstate Route 506. Beginning at interstate route 504 in the town of
30 Cheektowaga, thence generally westerly and northwesterly through
31 Buffalo, across Grand Island, the foregoing route being a portion of the
32 New York state thruway, and thence generally westerly to the United
33 States-Canada border in the vicinity of Lewiston; also including a
34 connection beginning at the Peace bridge toll plaza, as determined by
35 the commissioner of transportation, thence generally southwesterly and
36 southerly to a point on the southbound lane of the Niagara section of
37 the New York state thruway in the vicinity of Porter avenue, as deter-
38 mined by the commissioner of transportation [and the chairman of the New
39 York state thruway authority].
40 From interstate route 502 in the vicinity of Elmsford, generally east-
41 erly passing through or northerly of White Plains to a connection with
42 interstate route 501 in the vicinity of Rye, including an interchange
43 with interstate route 501, which interchange is to be maintained and
44 constructed [jointly] by the department of transportation [and the New
45 York State thruway authority] in a manner determined by the commissioner
46 of transportation [and the New York State thruway authority]. The county
47 of Westchester is hereby authorized to convey to the state of New York
48 all the right, title, interest and option rights of the people of West-
49 chester county in and to such parts of the lands, buildings and other
50 real property and rights thereto acquired and held by it, as deemed
51 necessary by the commissioner of transportation of the state of New York
52 for purposes connected with an expressway known as interstate route
53 connection 520 (Central Westchester highway-Cross Westchester express-
54 way) from interstate route 502 in the vicinity of Elmsford in the town
55 of Greenburgh to a connection with interstate route 501 in the vicinity
56 of Rye, through and over the Tarrytown-White Plains parkway reservation,
S. 8341 12
1 Central Westchester parkway reservation, Bronx river parkway reserva-
2 tion, Silver Lake park reservation, Mamaroneck river parkway reservation
3 and Hutchinson river parkway reservation.
4 § 23. Subdivisions 4 and 5 of section 347 of the highway law, as
5 amended by chapter 394 of the laws of 1996, are amended to read as
6 follows:
7 4. If the commissioner shall determine, prior to the filing of such
8 copy of the acquisition map in the office of the county clerk as afore-
9 said, that changes, alterations or modifications of such description and
10 map as filed [in the main office of the New York state thruway authori-
11 ty] with the department of transportation should be made, he or she
12 shall, subject to the provisions in article two of the eminent domain
13 procedure law if applicable, direct the preparation of an amended acqui-
14 sition map, either by preparing a new map or by making changes on the
15 original tracing of such map, with a notation indicating such changes.
16 On the approval of such amended map by the commissioner, it shall be
17 filed [in the main office of the New York state thruway authority] with
18 the department of transportation in the same manner as the original map
19 was filed and the amended map shall thereupon in all respects and for
20 all purposes supersede the map previously filed.
21 5. If the commissioner shall determine prior to filing a copy of the
22 map in the office of the county clerk or register as provided in section
23 four hundred two of the eminent domain procedure law, that such map
24 should be withdrawn, he or she shall file a certificate of withdrawal in
25 the offices of the [New York state thruway authority and] department of
26 transportation and the department of law. Upon the filing of such
27 certificate of withdrawal, the map to which it refers shall be cancelled
28 and all rights thereunder shall cease and determine.
29 § 24. Subdivision 22 of section 3.09 of the parks, recreation and
30 historic preservation law, as added by chapter 657 of the laws of 2006,
31 is amended to read as follows:
32 22. Be empowered to [enter into an agreement with the New York state
33 thruway authority, which shall allow the office to] utilize an electron-
34 ic toll collection system for the collection of any entrance fee or
35 parking fee at any historic site, park or recreational facility.
36 § 25. Paragraph (a) of subdivision 2 of section 25.05 of the parks,
37 recreation and historic preservation law, is amended to read as follows:
38 (a) In an emergency, for the purpose of emergency travel only, during
39 the period of time when and at locations where snow upon the highways
40 renders travel by motor vehicles impractical, as so declared and permit-
41 ted [in the case of the state thruway by the thruway authority], in the
42 case of [other] state highways by the state agency or authority having
43 jurisdiction to regulate traffic thereon, and in the case of other high-
44 ways by the chief executive officer of the municipality having jurisdic-
45 tion over such highways.
46 § 26. Subdivisions 1 and 7 of section 1005-b of the public authorities
47 law, as added by section 22 of part TT of chapter 54 of the laws of
48 2016, are amended to read as follows:
49 1. The public benefit corporation known as the "New York state canal
50 corporation" (hereinafter referred to as the "canal corporation")
51 created as a subsidiary corporation of the former New York state thruway
52 authority pursuant to chapter seven hundred sixty-six of the laws of
53 nineteen hundred ninety-two is hereby continued and reconstituted as a
54 subsidiary corporation of the authority and shall have only the power to
55 operate, maintain, construct, reconstruct, improve, develop, finance,
56 and promote all of the canals, canal lands, feeder canals, reservoirs,
S. 8341 13
1 canal terminals, canal terminal lands and other property under the
2 jurisdiction of the canal corporation pursuant to article one-A of the
3 canal law (hereinafter referred to as the "canal system"). Reference in
4 any provision of law, general, special or local, or in any rule, regu-
5 lation or public document to the canal corporation or the canal corpo-
6 ration as a subsidiary of the former New York state thruway authority
7 shall be deemed to be and construed as a reference to the canal corpo-
8 ration continued by this section.
9 7. The employees of the canal corporation shall not be deemed to be
10 employees of the authority by reason of their employment by the canal
11 corporation. All officers and employees of the canal corporation shall
12 be subject to the provisions of the civil service law which shall apply
13 to the canal corporation and such corporation shall be subject to the
14 jurisdiction of the New York state department of civil service and the
15 New York state civil service commission. The canal corporation shall
16 participate in the New York state and local employees' retirement
17 system. Nothing contained in a chapter of the laws of two thousand
18 sixteen that added this section shall be construed to affect the rights
19 and privileges of the canal corporation or any of its employees under
20 any provisions of the civil service law or any existing or expired
21 collective bargaining agreement in effect as of the effective date of
22 transfer of the canal corporation from the former thruway authority to
23 the authority. Any such employee who at the time of such transfer shall
24 have been in a negotiating unit represented by an employee organization
25 which was certified or recognized pursuant to article fourteen of the
26 civil service law shall continue to be represented by said employee
27 organization. There shall be no reduction of staff, loss of position,
28 including partial displacement, such as reduction in the hours of non-
29 overtime, wages, or employment benefits as a result of the transfer of
30 the canal corporation from the former thruway authority to the authority
31 for twenty-four months following such transfer.
32 § 27. Subdivision 2 of section 2603-a of the public authorities law,
33 as amended by chapter 451 of the laws of 2017, is amended to read as
34 follows:
35 2. Notwithstanding the provisions of subdivision one of this section,
36 all contracts over one million dollars in value made and awarded by the
37 dormitory authority, the metropolitan transportation authority, or the
38 bridge authority [or the thruway authority], on its account or for the
39 benefit of a state agency or authority, for the construction, recon-
40 struction, alteration, repair, maintenance or improvement of any road or
41 bridge, shall contain a provision that the structural iron and struc-
42 tural steel used or supplied in the performance of the contract or any
43 subcontract thereto and permanently incorporated into the surface road
44 or bridge shall be produced or made in whole or substantial part in the
45 United States, its territories or possessions. In the case of a struc-
46 tural iron or structural steel product all manufacturing must take place
47 in the United States, from the initial melting stage through the appli-
48 cation of coatings, except metallurgical processes involving the refine-
49 ment of steel additives. For purposes of this section, "permanently
50 incorporated" shall mean an iron or steel product that is required to
51 remain in place at the end of the project contract, in a fixed location,
52 affixed to the public work to which it was incorporated. Iron and steel
53 products that are capable of being moved from one location to another
54 are not permanently incorporated into a public building or public work.
S. 8341 14
1 § 28. Paragraph f of subdivision 6 of section 2897 of the public
2 authorities law, as added by section 1 of part F of chapter 58 of the
3 laws of 2020, is amended to read as follows:
4 f. Notwithstanding anything to the contrary in this section, disposals
5 for use of the [thruway authority's] department of transportation's
6 fiber optic system, or any part thereof, may be made through agreements
7 based on set fees that shall not require public auction, provided that:
8 i. the [thruway authority] department of transportation has determined
9 the disposal of such property complies with all applicable provisions of
10 this chapter;
11 ii. the [thruway authority] department of transportation has deter-
12 mined that disposal of such property is in the best interest of the
13 [thruway authority] department of transportation;
14 iii. the set fees established by the [thruway authority] department of
15 transportation for use of the fiber optic system, or part thereof, shall
16 be based on an independent appraisal of the fair market value of the
17 property; and
18 iv. any public authority, state agency, municipality, not-for-profit
19 hospital organized under section forty-three hundred one of the insur-
20 ance law, public library, or institution of higher education located in
21 New York state shall be required only to pay the actual cost of provid-
22 ing for use of the fiber optic system, but not exceeding the fair market
23 value determined pursuant to subparagraph (iii) of this paragraph. For
24 purposes of this paragraph, "public authority" shall refer to entities
25 defined in section two of the public authorities law. For purposes of
26 this paragraph, "institution of higher education" shall refer to enti-
27 ties as defined in subdivisions two and three of section six hundred one
28 of the education law.
29 Disposals of the fiber optic system, or any part thereof, through
30 agreements based on set fees shall not require the explanatory state-
31 ments required by this section. Any disposal of property, contract for
32 disposal of property or agreement made pursuant to this paragraph shall
33 not be deemed valid and enforceable unless it shall first have been
34 approved by both the comptroller and the attorney general.
35 § 29. Paragraph (j) of subdivision 1 of section 19 of the public offi-
36 cers law, as added by section 24 of part TT of chapter 54 of the laws of
37 2016, is amended to read as follows:
38 (j) For purposes of this section, the term "employee" shall include
39 directors, officers and employees of the [thruway authority, and the
40 directors, officers and employees of the] canal corporation. In those
41 cases where the definition of the term "employee" provided in this para-
42 graph is applicable, the term "state", as utilized in subdivisions two,
43 three, and four of this section, shall mean the [thruway authority when
44 the employee is a director, officer, or employee of the thruway authori-
45 ty, or the] canal corporation, when the employee is a director, officer,
46 or employee of the canal corporation.
47 § 30. Paragraph (b) of subdivision 2 of section 582-a of the real
48 property tax law, as added by chapter 515 of the laws of 2001, is
49 amended to read as follows:
50 (b) On lands under lease from the state [or the thruway authority] for
51 non-residential purposes considered to support water dependent activ-
52 ities;
53 § 31. Subdivision h of section 13 of the retirement and social securi-
54 ty law, as amended by chapter 496 of the laws of 1967, is amended to
55 read as follows:
S. 8341 15
1 h. The retirement system may use a part of its funds, not exceeding
2 ten per centum of its assets, (1) for purchasing or leasing of land in
3 the city of Albany and the construction thereon of a suitable office
4 building or buildings for the transaction of the business of the retire-
5 ment system and (2) for purchasing or leasing of land in the cities of
6 Albany, Syracuse, Buffalo, Binghamton, New York, Rochester and Utica and
7 the construction thereon of a suitable office building or buildings for
8 purposes of lease or sale to the state and (3) for purchasing or leasing
9 of land in the city of Albany on the north and south sides of Washington
10 avenue commonly known as the "Campus Site" acquired by the state for a
11 state buildings site pursuant to the provisions of chapter five hundred
12 seventy-two of the laws of nineteen hundred forty-seven and the
13 construction thereon of power plants including service connections,
14 electric substations including service connections, garages, warehouses
15 and restaurant facilities deemed necessary for the efficient and econom-
16 ical operation of the office building or buildings constructed on such
17 land and (4) for purchasing or leasing of land in the city of Albany
18 acquired by the state for suitable parking facilities for the use prima-
19 rily of employees of the state and persons having business with state
20 departments and state agencies and the construction thereon of such
21 structures, appurtenances and facilities deemed necessary for the effi-
22 cient and economical operation of the parking facilities constructed on
23 such land and (5) for purchasing or leasing of land in locations
24 approved by the state university trustees and the construction, acquisi-
25 tion, reconstruction, rehabilitation or improvement of suitable build-
26 ings or facilities thereon for purposes of lease or sale to the state
27 university construction fund, such buildings or facilities to be used by
28 the state university or by state-operated institutions or statutory or
29 contract colleges under the jurisdiction of the state university or by
30 the students, faculty and staff of the state university or of any such
31 state-operated institution or statutory or contract college, and their
32 families [and (6) for purchasing of lands from the New York state thru-
33 way authority and the construction thereon of an office building or
34 other buildings for purposes of lease or sale to the thruway authority
35 for its own use under such terms and conditions, including consideration
36 and length of term, as shall be agreed upon between the retirement
37 system and the thruway authority].
38 The retirement system from time to time may lease to any public agency
39 any portion of a building constructed for the transaction of its busi-
40 ness which may not be required for such purpose, upon such terms and
41 conditions as shall be deemed to be for the best interest of the retire-
42 ment system.
43 Real property of the retirement system acquired or constructed pursu-
44 ant to this subdivision shall be exempt from taxation.
45 § 32. Paragraph 1 of subdivision j of section 41 of the retirement and
46 social security law, as amended by section 3 of part A of chapter 60 of
47 the laws of 2022, is amended to read as follows:
48 1. In addition to any other service credit to which he or she is enti-
49 tled, a member who meets the requirements set forth in paragraphs two
50 and three of this subdivision shall be granted one day of additional
51 service credit for each day of accumulated unused sick leave which he or
52 she has at time of retirement for service, but such credit shall not (a)
53 exceed one hundred sixty-five days, (b) be considered in meeting any
54 service or age requirements prescribed in this chapter, and (c) be
55 considered in computing final average salary. However, for an executive
56 branch member designated managerial or confidential pursuant to article
S. 8341 16
1 fourteen of the civil service law or in the collective negotiating units
2 established by article fourteen of the civil service law designated the
3 professional, scientific and technical services unit, the rent regu-
4 lation services negotiating unit, the security services negotiating
5 unit, the security supervisors negotiating unit, the state university
6 professional services negotiating unit, the administrative services
7 negotiating unit, the institutional services negotiating unit, the oper-
8 ational services negotiating unit and the division of military and naval
9 affairs negotiating unit and, effective on and after June twenty-sev-
10 enth, two thousand seventeen for the agency police services unit such
11 service credit limitation provided in subparagraph (a) of this paragraph
12 shall not exceed two hundred days. For a nonjudicial officer or employee
13 of the unified court system not in a collective negotiating unit or in a
14 collective negotiating unit specified in section one of chapter two
15 hundred three of the laws of two thousand four, for employees of the New
16 York state dormitory authority, [for employees of the New York state
17 thruway authority,] the New York state canal corporation and the state
18 university construction fund and for employees of the New York liqui-
19 dation bureau such service credit limitation provided in subparagraph
20 (a) of this paragraph shall not exceed two hundred days. For members who
21 first become members of a public retirement system of the state on or
22 after April first, two thousand twelve, such credit shall not exceed one
23 hundred days.
24 § 33. Paragraphs (c), (d) and (e) of subdivision 1 of section 68-a of
25 the state finance law, as added by section 2 of part I of chapter 383 of
26 the laws of 2001, are amended to read as follows:
27 (c) [the New York state thruway authority;
28 (d)] the New York state environmental facilities corporation;
29 [(e)] (d) the New York state housing finance agency.
30 § 34. Subdivision 8 of section 68-b of the state finance law, as
31 amended by section 60 of part JJJ of chapter 59 of the laws of 2021, is
32 amended to read as follows:
33 8. Revenue bonds may only be issued for authorized purposes, as
34 defined in section sixty-eight-a of this article. Notwithstanding the
35 foregoing, the dormitory authority of the state of New York[,] and the
36 urban development corporation [and the New York state thruway authority]
37 may issue revenue bonds for any authorized purpose of any other such
38 authorized issuer through March thirty-first, two thousand twenty-five.
39 [Any such revenue bonds issued by the New York state thruway authority
40 shall be subject to the approval of the New York state public authori-
41 ties control board, pursuant to section fifty-one of the public authori-
42 ties law.] The authorized issuers shall not issue any revenue bonds in
43 an amount in excess of statutory authorizations for such authorized
44 purposes. Authorizations for such authorized purposes shall be reduced
45 in an amount equal to the amount of revenue bonds issued for such
46 authorized purposes under this article. Such reduction shall not be made
47 in relation to revenue bonds issued to fund reserve funds, if any, and
48 costs of issuance, if these items are not counted under existing author-
49 izations, nor shall revenue bonds issued to refund bonds issued under
50 existing authorizations reduce the amount of such authorizations.
51 § 35. Subdivision 2 of section 69-j of the state finance law, as added
52 by section 1 of part HH of chapter 58 of the laws of 2012, is amended to
53 read as follows:
54 2. The New York works task force shall establish an implementation
55 council comprised of: the director of the division of the budget, the
56 commissioners of the department of economic development, the department
S. 8341 17
1 of transportation, the office of general services, the department of
2 labor, the department of environmental conservation and the office of
3 parks, recreation and historic preservation, the secretary of state, the
4 chancellors of the state university of New York and the city university
5 of New York, the president and chief executive officer of the environ-
6 mental facilities corporation, and the executive directors of the dormi-
7 tory authority of the state of New York, the New York power authority,
8 the Long Island power authority, the New York state energy research and
9 development authority, the New York state bridge authority, the metro-
10 politan transportation authority, [the New York state thruway authority]
11 and the port authority of New York and New Jersey, the director of state
12 operations and such other members as the New York works task force or
13 the governor may determine shall facilitate the purposes of the New York
14 works task force. Each member of the implementation council may desig-
15 nate an individual to attend and participate in New York works task
16 force meetings and deliberations on his or her behalf.
17 § 36. Subdivision 1 of section 69-m of the state finance law, as added
18 by section 58 of part HH of chapter 57 of the laws of 2013, is amended
19 to read as follows:
20 1. "Authorized issuer" shall mean the dormitory authority of the state
21 of New York, the New York state urban development corporation, [the New
22 York state thruway authority,] and any successors thereto.
23 § 37. Subdivision 8 of section 69-n of the state finance law, as
24 amended by section 24-a of part I of chapter 60 of the laws of 2015, is
25 amended to read as follows:
26 8. Revenue bonds may only be issued for authorized purposes, as
27 defined in section sixty-nine-m of this article. Notwithstanding the
28 foregoing, any authorized issuer may issue revenue bonds for any author-
29 ized purpose. [Any such revenue bonds issued by the New York state thru-
30 way authority shall be subject to the approval of the New York state
31 public authorities control board, pursuant to section fifty-one of the
32 public authorities law.] The authorized issuers shall not issue any
33 revenue bonds in an amount in excess of statutory authorizations for
34 such authorized purposes. Authorizations for such authorized purposes
35 shall be reduced in an amount equal to the amount of revenue bonds
36 issued for such authorized purposes under this article. Such reduction
37 shall not be made in relation to revenue bonds issued to fund reserve
38 funds, if any, and costs of issuance, if these items are not counted
39 under existing authorizations, nor shall revenue bonds issued to refund
40 bonds issued under existing authorizations reduce the amount of such
41 authorizations.
42 § 38. Subdivisions 6, 7 and 8 of section 88-b of the state finance
43 law, subdivision 6 as amended by chapter 65 of the laws of 1988, and
44 subdivisions 7 and 8 as added by chapter 13 of the laws of 1987, are
45 amended to read as follows:
46 6. Moneys in the suburban transportation fund transferred pursuant to
47 section twelve hundred seventy-a of the public authorities law shall be
48 made available to the state department of transportation for capital
49 projects in the counties of Nassau, Suffolk, Westchester, Putnam, Dutch-
50 ess, Orange and Rockland on the basis of each county's average pro rata
51 share of the mortgage recording tax receipts raised in such counties
52 pursuant to subdivision one of section two hundred sixty-one of the tax
53 law during the period January first, nineteen hundred eighty-four
54 through December thirty-first, nineteen hundred eighty-six as certified
55 by the metropolitan transportation authority. Moneys transferred to the
56 suburban transportation fund at the request of Dutchess, Orange or Rock-
S. 8341 18
1 land county pursuant to subdivision three of section twelve hundred
2 seventy-b of the public authorities law shall be used by the state
3 department of transportation to increase the proportionate share of such
4 capital projects in such county. Such projects shall be financed by
5 means of a state advance [to be reimbursed by the New York state thruway
6 authority, or its successor agency, through the issuance of its bonds or
7 notes in the manner set forth in subdivision seven of this section, or
8 by means of a state advance] to be reimbursed directly from the suburban
9 transportation fund.
10 7. (a) For projects funded by the suburban transportation fund,
11 payments to the state department of transportation [may enter into an
12 agreement with the New York state thruway authority, or its successor
13 agency, for the purpose of having the thruway authority, or its succes-
14 sor agency, issue bonds or notes to pay the capital costs of such
15 project. Such agreement shall be subject to approval by the director of
16 the division of the budget.
17 (b) For projects funded pursuant to this subdivision, the affected
18 municipality shall enter into an agreement with the department of trans-
19 portation for the conveyance of all affected real property including
20 highways, roads and bridges to the thruway authority, or its successor
21 agency, for the term of the bonds or notes issued by the thruway author-
22 ity, or its successor agency, for such project or for such lesser period
23 that such bonds or notes are outstanding. During the period of such
24 conveyance to the thruway authority, or its successor agency, the
25 department of transportation or the municipality shall agree to maintain
26 the facility in a state of good repair, the responsibility for which
27 shall be with the state, or municipality, which had jurisdiction over
28 said facility prior to such agreement.
29 (c) Upon the final retirement of all bonds and notes issued by the
30 thruway authority, or its successor agency, for such purpose, such prop-
31 erty shall automatically revert to the conveying entity.
32 8. Payments to the thruway authority, or its successor agency,] pursu-
33 ant to this section shall be subject to appropriation from the suburban
34 transportation fund. [The thruway authority, or its successor agency,
35 shall utilize such moneys to pay the debt service on such bonds or notes
36 and to meet administrative costs in connection therewith.]
37 § 39. Paragraphs (b), (c) and (d) of subdivision 3 and subdivisions 8
38 and 11 of section 89-b of the state finance law, paragraphs (b), (c) and
39 (d) of subdivision 3 as amended by chapter 56 of the laws of 1993, and
40 subdivisions 8 and 11 as added by section 4 of part O of chapter 59 of
41 the laws of 2009, are amended to read as follows:
42 (b) Moneys in the special obligation reserve and payment account
43 shall, following appropriation by the legislature, be used [to pay
44 amounts due to the New York state thruway authority as dedicated highway
45 and bridge trust fund cooperative agreement payments pursuant to the
46 provisions of dedicated highway and bridge trust fund cooperative agree-
47 ments entered into between the authority and] by the department of
48 transportation [pursuant to sections ten-e, ten-f, and ten-g of the
49 highway law, the provisions of section three hundred eighty-five of the
50 public authorities law] for use towards maintaining the New York state
51 thruway, and pursuant to the provisions of this section.
52 (c) The comptroller is hereby authorized and directed to transfer
53 monthly no later than the last day of each month, any moneys, if any, in
54 excess of the aggregate amounts required to be set aside in order to
55 meet the requirements established in paragraph (d) of this subdivision,
56 to the highway and bridge capital account, provided however that in no
S. 8341 19
1 event shall such transfers occur unless and until the aggregate of all
2 dedicated highway and bridge trust fund cooperative agreement payments
3 certified to the comptroller for such fiscal year shall have been appro-
4 priated in accordance with the provisions of this section. [Addi-
5 tionally, in no event shall the comptroller pay over and distribute any
6 revenues of the fund to any person other than the New York state thruway
7 authority if any payment required to be set aside pursuant to paragraph
8 (b) of this subdivision has not been made to the authority on the date
9 by which it was required to have been made pursuant to such schedule;
10 provided, however, that no person, including such authority or the hold-
11 ers of its bonds or notes shall have any lien on such revenues and such
12 agreement shall be executory only to the extent of such revenues avail-
13 able to the state in such fund.
14 (d) Upon receipt by the comptroller of a certificate or certificates
15 from the chairperson of the New York state thruway authority submitted
16 pursuant to section three hundred eighty-five of the public authorities
17 law, that such authority requires a payment or payments, from the dedi-
18 cated highway and bridge trust fund, the comptroller shall pay from such
19 fund pursuant to an appropriation on or before the fifteenth day of any
20 month preceding the payment as the chairperson thereof may direct in any
21 such certificate, the amount or amounts so certified. The chairperson of
22 such authority shall furnish the commissioner of taxation and finance
23 with copies of such certificates. In order to set aside the moneys
24 necessary to meet the amounts required on the payment date or dates
25 herein, the comptroller shall comply with the provisions of this subdi-
26 vision.]
27 8. The state comptroller shall at the commencement of each month
28 certify to the director of the budget, the chairpersons of the senate
29 finance and assembly ways and means committees, and the commissioner of
30 transportation[, and the chairman of the thruway authority] the amount
31 disbursed from the dedicated highway and bridge trust fund in the
32 preceding month, the amounts reimbursed [by the thruway authority]
33 pursuant to appropriation by the legislature, the revenues received in
34 the fund, and the unreimbursed disbursements[, in accordance with
35 section ten-e of the highway law].
36 11. The department of transportation shall provide to the state comp-
37 troller and the chairpersons of the senate finance and assembly ways and
38 means committees, [not later than fourteen days subsequent to reimburse-
39 ment from bond proceeds to the dedicated highway and bridge trust fund,
40 a cooperative agreement schedule of all projects so reimbursed. Such]
41 after an appropriation from the dedicated highway and bridge trust fund,
42 a schedule of uses of such appropriation funds, that shall include, but
43 not be limited to, an identifying project number, the work type, project
44 description, county, total cost, percentage of federal funding, letting
45 date, scheduled completion date, [life to date dedicated highway and
46 bridge trust fund disbursements, prior amount of thruway authority bond
47 proceeds reimbursement, the amount of the current reimbursement,] and
48 the probable life of each such project.
49 § 40. Paragraph (a) of subdivision 5 of section 92-r of the state
50 finance law, as amended by chapter 56 of the laws of 1993, is amended to
51 read as follows:
52 (a) Upon receipt by the comptroller of a certificate or certificates
53 from the chairperson of the local government assistance corporation
54 submitted pursuant to section thirty-two hundred forty of the public
55 authorities law, that such corporation requires a payment or payments,
56 from the local government assistance tax fund, the comptroller shall pay
S. 8341 20
1 from such fund pursuant to an appropriation on or before the date speci-
2 fied in such certificate or within thirty days after such receipt,
3 whichever is later, to such corporation, as the chairperson thereof may
4 direct in any such certificate, the amount or amounts so certified. The
5 chairperson of such corporation shall furnish the commissioner of taxa-
6 tion and finance with copies of such certificates. In order to set aside
7 the moneys necessary to meet the amounts required on the payment date or
8 dates specified in such certificate or certificates, the comptroller
9 shall comply with the provisions of paragraph (b) of this subdivision.
10 The comptroller shall from time to time, but in no event later than the
11 fifteenth day of each month (other than the last month of the fiscal
12 year) and the last day of the last month of the fiscal year of each
13 fiscal year, pay over and distribute to the credit of the general fund
14 of the state treasury all revenues in the local government assistance
15 tax fund, if any, in excess of the aggregate amount required to be set
16 aside pursuant to paragraph (b) of this subdivision provided that an
17 appropriation has been made to pay all amounts specified in such certif-
18 icate or certificates as being required by the corporation for such
19 fiscal year[, and provided further that an appropriation has been made
20 to make all dedicated highway and bridge trust fund cooperative agree-
21 ment payments specified in the certificate submitted by the chairperson
22 of the New York state thruway authority pursuant to subdivision two of
23 section three hundred eighty-five of the public authorities law]. In no
24 event shall the comptroller pay over and distribute any revenues (other
25 than the amount to be deducted for administering, collecting and
26 distributing such sales and compensating use taxes) to any person other
27 than the local government assistance corporation (i) unless and until
28 the aggregate of all payments certified to the comptroller as required
29 by such corporation and required to be set aside pursuant to paragraph
30 (b) of this subdivision for such fiscal year shall have been appropri-
31 ated to such corporation in accordance with the schedule specified in
32 the certificate or certificates filed by the chairperson of the corpo-
33 ration or (ii) if, after having been so certified and appropriated, any
34 payment required to be set aside pursuant to paragraph (b) of this
35 subdivision has not been made to the corporation on the date by which it
36 was required to have been made pursuant to such schedule[, or (iii)
37 unless and until the aggregate of all dedicated highway and bridge trust
38 fund cooperative agreement payments certified by the chairperson of the
39 New York state thruway authority pursuant to subdivision two of section
40 three hundred eighty-five of the public authorities law shall have been
41 appropriated to such authority]; provided, however, that no person
42 including such corporation or the holders of its bonds or notes shall
43 have any lien on such revenues and such agreement shall be executory
44 only to the extent of such revenues available to the state in such fund
45 and provided further that, if the state has appropriated and paid to the
46 corporation the amounts necessary for the corporation to meet its
47 requirements, for the current fiscal year, pursuant to the certificate
48 or certificates submitted by the chairperson pursuant to section thir-
49 ty-two hundred forty of the public authorities law and notwithstanding
50 any other provision of law, the comptroller shall, on the last day of
51 each fiscal year, pay to the general fund of the state all sums remain-
52 ing in the local government assistance tax fund on such date.
53 § 41. Subdivision 6 of section 501 of the tax law, as amended by chap-
54 ter 170 of the laws of 1994, is amended to read as follows:
55 6. "Public highway" shall include any public highway, street, avenue,
56 road, public place, public driveway or any other public way[; provided,
S. 8341 21
1 however, that the term "public highway" as used in sections five hundred
2 three and five hundred three-b of this article shall not include any
3 portion of the thruway for which a fee, rental or charge for the use
4 thereof, has been made by the thruway authority pursuant to the
5 provisions of title nine of article two of the public authorities law].
6 § 42. Paragraph (a) of subdivision 5 of section 514 of the tax law, as
7 amended by section 9 of part E of chapter 60 of the laws of 2007, is
8 amended to read as follows:
9 (a) Upon agreement with the heads of the department of motor vehicles,
10 the department of transportation, the department of environmental
11 conservation, the division of state police, [the thruway authority,] the
12 United States department of transportation, and the United States
13 department of homeland security (or any other federal agency which may
14 assume the duties of either or both of such federal agencies), the
15 commissioner may disclose to such agencies the name, address, employer
16 identification number, vehicle identification number, application status
17 information, and other appropriate identifying and application informa-
18 tion, of persons holding a certification of registration or license
19 under this article, persons whose certificate of registration or license
20 under this article has been revoked, suspended or surrendered, and
21 persons whose application for a certificate of registration or license
22 under this article has been denied, for the purposes of improving the
23 safety and security oversight of the motor carrier industry and coordi-
24 nating and streamlining the credentialing process for such industry
25 administered by such agencies.
26 § 43. Subdivision 1 of section 14-j of the transportation law, as
27 added by chapter 56 of the laws of 1993, is amended to read as follows:
28 1. The commissioner is hereby authorized to [enter into a contract,
29 lease or agreement with the New York state thruway authority for the]
30 seek appropriation from the legislature for financing [by such authori-
31 ty] of the special rail and aviation transportation program as author-
32 ized by law.
33 § 44. Subdivision 1 and paragraphs (a), (b), (c) and (e) of subdivi-
34 sion 4 of section 14-k of the transportation law, subdivision 1 as added
35 by chapter 637 of the laws of 1996, paragraphs (a), (b) and (c) of
36 subdivision 4 as amended and paragraph (e) of subdivision 4 as added by
37 section 1 of part P of chapter 61 of the laws of 2000, are amended to
38 read as follows:
39 1. There is hereby established the "multi-modal program". [The commis-
40 sioner is hereby authorized to enter into a contract, lease or agreement
41 with the New York state thruway authority for the financing by such
42 authority of the multi-modal program as authorized by law.]
43 (a) project costs for construction, reconstruction, improvement,
44 reconditioning and preservation of rail freight facilities and for the
45 project costs of intercity rail passenger facilities and equipment where
46 the service life of the project is at least ten years. Funding of
47 project expenditures for an approved project shall require certification
48 by the project sponsor to the department that the project has a service
49 life of ten or more years. [Such certification shall include any such
50 information as may be necessary to maintain, if applicable, the federal
51 tax exempt status of bonds, notes or other obligations issued by the New
52 York state thruway authority for such purposes.] The commissioner shall
53 request the project sponsors to furnish such information in writing as
54 may be necessary;
55 (b) project costs for construction, reconstruction, improvement,
56 reconditioning and preservation of state, municipal, or privately owned
S. 8341 22
1 ports where the service life of the project is at least ten years.
2 Funding of project expenditures for an approved project shall require
3 certification by the project sponsor to the department that the project
4 has a service life of ten or more years. [Such certification shall
5 include any such information as may be necessary to maintain, if appli-
6 cable, the federal tax exempt status of bonds, notes or other obli-
7 gations issued by the New York state thruway authority for such
8 purposes.] The commissioner shall request the project sponsors to
9 furnish such information in writing as may be necessary;
10 (c) project costs of construction, reconstruction, improvement, recon-
11 ditioning and preservation of municipal airports, privately owned
12 airports and aviation capital facilities, excluding airports operated by
13 the state or operated by a bi-state municipal corporate instrumentality,
14 for which federal funding is not available provided the project is
15 consistent with an approved airport layout plan, where the service life
16 of the project is at least ten years. Funding of project expenditures
17 for an approved project shall require certification that the project has
18 a service life of ten or more years. [Such certification shall include
19 any such information as may be necessary to maintain, if applicable, the
20 federal tax exempt status of bonds, notes or other obligations issued by
21 the New York state thruway authority for such purposes.] The commission-
22 er shall request the project sponsors to furnish such information in
23 writing as may be necessary;
24 (e) project costs for construction, reconstruction, improvement,
25 reconditioning and preservation of fixed ferry facilities of municipal
26 and privately owned ferry lines for transportation purposes, where the
27 service life of the project is at least ten years. Funding of the
28 project expenditures for an approved project shall require certification
29 by the project sponsor to the department that the project has a service
30 life of ten or more years. [Such certification shall include any such
31 information as may be necessary to maintain, if applicable, the federal
32 tax exempt status of bonds, notes or other obligations issued by the New
33 York state thruway authority for such purposes.] The commissioner shall
34 request the project sponsors to furnish such information in writing as
35 may be necessary.
36 § 45. Section 22 of the transportation law, as added by chapter 223 of
37 the laws of 2005, is amended to read as follows:
38 § 22. Work zone safety and enforcement. The department shall, in coop-
39 eration with the superintendent of state police, the commissioner of
40 motor vehicles, [the chairman of the New York state thruway authority,]
41 local law enforcement agencies and representatives for contractors and
42 laborers, develop and implement rules and regulations for the increased
43 safety of work zones. Such rules and regulations shall include, but
44 shall not be limited to, a police presence at all major active work
45 zones as defined by rules and regulations set forth by the commissioner,
46 the use of radar speed display signs at all major active work zones as
47 defined by rules and regulations set forth by the commissioner, and a
48 system for reviewing work zone safety and design for all work zones
49 under the jurisdiction of the department.
50 § 46. Section 33 of the transportation law, as added by chapter 420 of
51 the laws of 1968, is amended to read as follows:
52 § 33. Purposes of fund. The purposes of this fund shall be to provide
53 a means for elimination of existing tolls, except bridge tolls, on the
54 Niagara section of the Governor Thomas E. Dewey Thruway [within the
55 context of protection of the rights of the bond holders of the New York
56 State Thruway Authority].
S. 8341 23
1 § 47. Subdivision 9 of section 481 of the transportation law, as
2 amended by section 25 of part TT of chapter 54 of the laws of 2016, is
3 amended to read as follows:
4 9. "Canal corporation" shall mean the New York state canal corporation
5 created as a subsidiary corporation of the former New York state thruway
6 authority pursuant to chapter seven hundred sixty-six of the laws of
7 nineteen hundred ninety-two and continued and reconstituted as a subsid-
8 iary corporation of the power authority of the state of New York pursu-
9 ant to subdivision one of section one thousand five-b of the public
10 authorities law.
11 § 48. Section 122 of the vehicle and traffic law, as amended by chap-
12 ter 193 of the laws of 1974, is amended to read as follows:
13 § 122. Local authorities. Every county, municipal or other local
14 board, body or officer, county park commission, parkway authority,
15 bridge authority, bridge and tunnel authority, the office of parks and
16 recreation, [the New York state thruway authority] or similar body or
17 person having authority to enact laws or regulations relating to traffic
18 under the constitution and laws of this state.
19 § 49. Subdivision 15-a of section 385 of the vehicle and traffic law,
20 as added by chapter 27 of the laws of 1981, is amended to read as
21 follows:
22 15-a. In furtherance of the authority to issue permits pursuant to
23 subdivision fifteen of this section, the department of transportation
24 [and the New York state thruway authority are authorized to enter into a
25 cooperative agreement relative] is authorized to issue permits to oper-
26 ate or move vehicles or combinations of vehicles the weights or the
27 dimensions of which exceed the limitations otherwise provided for in
28 this section along the thruway system and state highway system, routes 5
29 and 49 between the relocated thruway interchanges, including the Edic
30 road interchange, and River road in the vicinity of Edic road in the
31 vicinity of the city of Utica. Permits issued hereunder may be of a
32 joint or reciprocal type for operations or movements on such highway
33 systems and shall not be limited to loads proposed as one piece or item
34 or otherwise cannot be separated into units of less weight.
35 § 50. Subdivision 6 of section 511-b of the vehicle and traffic law,
36 as amended by chapter 425 of the laws of 1989, is amended to read as
37 follows:
38 6. For the purposes of this section, the term "local authority" means
39 the municipality in which the motor vehicle was seized; except that if
40 the motor vehicle was seized on [property of the New York state thruway
41 authority or] property under the jurisdiction of the office of parks,
42 recreation and historic preservation, the department of transportation,
43 or a public authority or commission, the term "local authority" means
44 such authority, office, department, or commission. A county may provide
45 by local law that the county may act as the agent for a local authority
46 under this section.
47 § 51. Section 549 of the vehicle and traffic law, as added by chapter
48 659 of the laws of 1995, is amended to read as follows:
49 § 549. Cancellation of an escort certificate. An escort certificate
50 shall be cancelled by the commissioner if such person's underlying driv-
51 er's license has expired, is revoked or suspended or upon notification
52 by the commissioner of transportation [or the New York state thruway
53 authority] that the person has violated any rule or regulation of the
54 commissioner of transportation [or the New York state thruway authority]
55 governing the operation, use and equipment of escort vehicles and the
56 duties and responsibilities of the operator of an escort vehicle.
S. 8341 24
1 § 52. Subdivision 2 of section 1180-a of the vehicle and traffic law,
2 as amended by chapter 464 of the laws of 2003, is amended to read as
3 follows:
4 2. Notwithstanding the provisions of paragraphs (a) and (b) of subdi-
5 vision one of this section, upon The Governor Thomas E. Dewey Thruway as
6 such term is defined in section three hundred fifty-six of the public
7 authorities law, the [New York state thruway authority] department of
8 transportation may establish a maximum speed limit of not more than
9 sixty-five miles per hour provided that such maximum allowable speed
10 limit is established in accordance with all applicable rules and regu-
11 lations.
12 § 53. Paragraph 2 of subdivision (a), paragraphs 1, 7 and 8 of subdi-
13 vision (c), and paragraphs 11, 12 and 13 of subdivision (m) of section
14 1180-e of the vehicle and traffic law, as added by chapter 421 of the
15 laws of 2021, are amended to read as follows:
16 2. Notwithstanding any other provision of law, after holding a public
17 hearing in accordance with the public officers law and subsequent
18 approval of the establishment of a demonstration program in accordance
19 with this section by [a majority of the members of the entire board of
20 the thruway authority, the chair of the thruway authority] the depart-
21 ment of transportation, the commissioner is hereby authorized to estab-
22 lish a demonstration program imposing monetary liability on the owner of
23 a vehicle for failure of an operator thereof to comply with posted maxi-
24 mum speed limits in a highway construction or maintenance work area
25 located on the thruway (i) when highway construction or maintenance work
26 is occurring and a work area speed limit is in effect as provided in
27 paragraph two of subdivision (d) or subdivision (f) of section eleven
28 hundred eighty of this article or (ii) when highway construction or
29 maintenance work is occurring and other speed limits are in effect as
30 provided in subdivision (b) or (g) or paragraph one of subdivision (d)
31 of section eleven hundred eighty of this article. Such demonstration
32 program shall empower the chair to install photo speed violation moni-
33 toring systems within no more than ten highway construction or mainte-
34 nance work areas located on the thruway and to operate such systems
35 within such work areas (iii) when highway construction or maintenance
36 work is occurring and a work area speed limit is in effect as provided
37 in paragraph two of subdivision (d) or subdivision (f) of section eleven
38 hundred eighty of this article or (iv) when highway construction or
39 maintenance work is occurring and other speed limits are in effect as
40 provided in subdivision (b) or (g) or paragraph one of subdivision (d)
41 of section eleven hundred eighty of this article. The chair, in consul-
42 tation with the superintendent of the division of state police, shall
43 determine the location of the highway construction or maintenance work
44 areas located on the thruway in which to install and operate photo speed
45 violation monitoring systems. In selecting a highway construction or
46 maintenance work area in which to install and operate a photo speed
47 violation monitoring system, the chair shall consider criteria includ-
48 ing, but not limited to, the speed data, crash history, and roadway
49 geometry applicable to such highway construction or maintenance work
50 area. A photo speed violation monitoring system shall not be installed
51 or operated on a thruway exit ramp.
52 1. "chair" shall mean the chair of the [New York state thruway author-
53 ity] demonstration program created pursuant to this section, who shall
54 be appointed by the commissioner;
55 7. ["thruway authority" shall mean the New York state thruway authori-
56 ty, a body corporate and politic constituting a public corporation
S. 8341 25
1 created and constituted pursuant to title nine of article two of the
2 public authorities law; and
3 8.] "thruway" shall mean generally a divided highway under the juris-
4 diction of the [thruway authority] department of transportation for
5 mixed traffic with access limited as the [authority] department of
6 transportation may determine and generally with grade separations at
7 intersections, commonly referred to as the New York state thruway.
8 11. the total amount of revenue realized by the state [or thruway
9 authority] in connection with the program;
10 12. the expenses incurred by the state [or the thruway authority] in
11 connection with the program;
12 13. an itemized list of expenditures made by the state [and the thru-
13 way authority] on work zone safety projects undertaken in accordance
14 with subdivisions eleven and twelve of section eighteen hundred three of
15 this chapter; and
16 § 54. Subdivision (a) and paragraph 1 of subdivision (b) of section
17 1204 of the vehicle and traffic law, as amended by chapter 193 of the
18 laws of 1974, are amended to read as follows:
19 (a) Whenever any police officer, or in a city having a population in
20 excess of one million any person designated by the commissioner of traf-
21 fic of such city or on highways under the jurisdiction of the [New York
22 state thruway authority] department of transportation, the office of
23 parks and recreation, a county park commission, a parkway authority, a
24 bridge authority or a bridge and tunnel authority any person designated
25 by such office, commission or authority, finds a vehicle standing upon a
26 highway in violation of any of the foregoing provisions of this article
27 such officer is hereby authorized to move such vehicle, or require the
28 driver or other person in charge of the vehicle to move the same to a
29 position off the paved or main-traveled part of such highway.
30 1. Whenever any police officer, or in a city having a population in
31 excess of one million any person designated by the commissioner of traf-
32 fic of such city or on highways under the jurisdiction of the [New York
33 state thruway authority] department of transportation, the office of
34 parks and recreation, a county park commission, a parkway authority, a
35 bridge authority or a bridge and tunnel authority any person designated
36 by such office, commission or authority finds a vehicle unattended where
37 it constitutes an obstruction to traffic, or any place where stopping,
38 standing or parking is prohibited, such officer is hereby authorized to
39 provide for the removal of such vehicle, semitrailer or trailer to a
40 garage, automobile pound or other place of safety.
41 § 55. Subdivision 4 of section 1224 of the vehicle and traffic law, as
42 amended by chapter 298 of the laws of 1987, is amended to read as
43 follows:
44 4. For the purposes of this section, a local authority entitled to
45 custody of an abandoned vehicle shall be the town in which the vehicle
46 was abandoned, or if abandoned in a city or village, the city or village
47 in which the vehicle was abandoned, except that if a vehicle is aban-
48 doned on property [of the New York state thruway authority or property]
49 under the jurisdiction of the office of parks, recreation and historic
50 preservation, the department of transportation, or a public authority or
51 commission, such authority, office, department or commission shall be
52 entitled to the custody of such vehicle. Notwithstanding any provision
53 of this section to the contrary, the office of general services shall be
54 entitled to the custody of any vehicle abandoned on state property
55 subsequent to its sale by such office. The commissioner may, by regu-
S. 8341 26
1 lation, provide that a county may act as the agent for a local authority
2 for the purpose of removing and disposing of abandoned vehicles.
3 § 56. Subdivision (a) of section 1603 of the vehicle and traffic law,
4 as amended by chapter 142 of the laws of 2000, is amended to read as
5 follows:
6 (a) Any or all of the powers granted by this chapter to the legisla-
7 tive body of a city or village or to [the New York state thruway author-
8 ity,] the office of parks, recreation and historic preservation, the
9 department of environmental conservation, the department of agriculture
10 and markets, the industrial exhibit authority, a county park commission,
11 a parkway authority, a bridge authority or a bridge and tunnel authority
12 may be delegated to any official, board or agency thereof designated by
13 it or designated by law. If any authority or commission herein mentioned
14 shall cease to exist, its powers as granted by this chapter shall
15 devolve upon the state or municipal corporation succeeding to the prop-
16 erty, functions, powers and duties of such authority or commission, as
17 the case may be, and may be delegated by its legislative body to any
18 official, board or agency thereof as designated by it or by law.
19 § 57. The opening paragraph of section 1630 of the vehicle and traffic
20 law, as amended by chapter 142 of the laws of 2000, is amended to read
21 as follows:
22 [The New York state thruway authority, a] A county park commission,
23 the Niagara Falls bridge commission, a parkway authority, a bridge
24 authority, including the Buffalo and Fort Erie public bridge authority,
25 the metropolitan transportation authority, the Long Island Rail Road,
26 the Metro-North Commuter Railroad, the office of parks, recreation and
27 historic preservation, the department of environmental conservation, the
28 department of transportation, the department of agriculture and markets,
29 the industrial exhibit authority or a bridge and tunnel authority may by
30 ordinance, order, rule or regulation prohibit, restrict or regulate
31 traffic on or pedestrian use of any highway, property or facility under
32 its jurisdiction. The provisions of section sixteen hundred of this
33 title shall be applicable to such ordinances, orders, rules and regu-
34 lations, provided, however, that such ordinances, orders, rules and
35 regulations shall supersede the provisions of this chapter where incon-
36 sistent or in conflict with respect to the following enumerated
37 subjects:
38 § 58. Section 1631 of the vehicle and traffic law is amended to read
39 as follows:
40 § 1631. Additional traffic regulation on the New York state thruway.
41 In addition to the other powers granted by this article, the [New York
42 state thruway authority] department of transportation may by order, rule
43 or regulation prohibit or regulate overtaking and passing on the New
44 York state thruway. Any such order, rule or regulation shall supersede
45 the provisions of section eleven hundred twenty-three of this chapter.
46 § 59. Section 1646 of the vehicle and traffic law, as renumbered by
47 chapter 431 of the laws of 1992, is amended to read as follows:
48 § 1646. Application of article. This article shall not apply with
49 respect to state highways maintained by the state which are controlled-
50 access highways outside of cities having a population in excess of one
51 million, nor to highways under the jurisdiction of the [New York state
52 thruway authority] department of transportation, a regional state park
53 commission, a county park commission, a parkway authority, a bridge
54 authority, or a bridge and tunnel authority, except that this article
55 shall apply to any portion of the New York state thruway that is located
56 within a city having a population in excess of one million.
S. 8341 27
1 § 60. Section 1664 of the vehicle and traffic law, as amended by chap-
2 ter 193 of the laws of 1974, is amended to read as follows:
3 § 1664. Application of article. This article shall not apply with
4 respect to state highways maintained by the state which are controlled
5 access highways, nor to highways under the jurisdiction of the [New York
6 state thruway authority] department of transportation, the office of
7 parks and recreation, a county park commission, a parkway authority, a
8 bridge authority, or a bridge and tunnel authority.
9 § 61. Subdivision (b) of section 1683 of the vehicle and traffic law,
10 as amended by chapter 193 of the laws of 1974, is amended to read as
11 follows:
12 (b) Such signs shall be required for orders, ordinances, rules, or
13 regulations made by the [New York state thruway authority] department of
14 transportation, the office of parks and recreation, a county park
15 commission, a parkway authority, a bridge authority, a bridge and tunnel
16 authority or the legislative body of a city having a population in
17 excess of one million or any board, body or official to whom the power
18 of such local authority has been designated only in so far as such local
19 authorities in their discretion may deem practicable.
20 § 62. Subdivision 12 of section 1803 of the vehicle and traffic law,
21 as amended by chapter 557 of the laws of 2023, is amended to read as
22 follows:
23 12. Where the [chair of the New York state thruway authority] commis-
24 sioner of transportation has established a demonstration program impos-
25 ing monetary liability on the owner of a vehicle for failure of an oper-
26 ator thereof to comply with subdivision (b), (d), (f) or (g) of section
27 eleven hundred eighty of this chapter in accordance with section eleven
28 hundred eighty-e of this chapter, any fine or penalty collected by a
29 court, judge, magistrate or other officer for an imposition of liability
30 which occurs pursuant to such program shall be paid to the state comp-
31 troller within the first ten days of the month following collection,
32 except as otherwise provided in subdivision three of section ninety-
33 nine-a of the state finance law. Every such payment shall be accompa-
34 nied by a statement in such form and detail as the comptroller shall
35 provide. Notwithstanding the provisions of subdivision five of this
36 section, eighty percent of any such fine or penalty imposed for such
37 liability shall be paid to the [thruway authority] department of trans-
38 portation, and twenty percent of any such fine or penalty shall be paid
39 to the city, town or village in which the violation giving rise to the
40 liability occurred, provided, however, that within a county that has
41 established a traffic and parking violations agency pursuant to section
42 three hundred seventy of the general municipal law and such liability is
43 disposed of by such agency, eighty percent of any such fine or penalty
44 imposed for such liability shall be paid to the [thruway authority]
45 department of transportation, and twenty percent of any such fine or
46 penalty shall be paid to the county in which the violation giving rise
47 to the liability occurred. With respect to the percentage of fines or
48 penalties paid to the [thruway authority] department of transportation,
49 no less than sixty percent shall be dedicated to [thruway authority]
50 department of transportation work zone safety projects after deducting
51 the expenses necessary to administer such demonstration program,
52 provided, however, that such funds provided pursuant to this subdivision
53 shall be payable on the audit and warrant of the comptroller and shall
54 only be used to supplement and not supplant current expenditures of
55 state funds on work zone safety projects. For the purposes of this
56 subdivision, "work zone safety projects" shall apply to work zones under
S. 8341 28
1 the jurisdiction of the [thruway authority] department of transportation
2 and shall include, but not be limited to, inspection and implementation
3 of work zone design, maintenance, traffic plans and markings, worker
4 safety training, contractor outreach, enforcement efforts, radar speed
5 display signs at major active work zones and police presence at major
6 active work zones, as provided in section twenty-two of the transporta-
7 tion law. [For the purposes of this subdivision, the term "thruway
8 authority" shall mean the New York state thruway authority, a body
9 corporate and politic constituting a public corporation created and
10 constituted pursuant to title nine of article two of the public authori-
11 ties law.] All fines, penalties and forfeitures paid to a county, city,
12 town or village pursuant to the provisions of this subdivision shall be
13 credited to the general fund of such county, city, town or village,
14 unless a different disposition is prescribed by charter, special law,
15 local law or ordinance.
16 § 63. Paragraph (b) of subdivision 6 of section 40 of the veterans'
17 services law is amended to read as follows:
18 (b) a "state authority" as defined in subdivision one of section two
19 of the public authorities law, and the following:
20 Albany County Airport Authority;
21 Albany Port District Commission;
22 Alfred, Almond, Hornellsville Sewer Authority;
23 Battery Park City Authority;
24 Cayuga County Water and Sewer Authority;
25 (Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
26 Corporation;
27 Industrial Exhibit Authority;
28 Livingston County Water and Sewer Authority;
29 Long Island Power Authority;
30 Long Island Rail Road;
31 Long Island Market Authority;
32 Manhattan and Bronx Surface Transit Operating Authority;
33 Metro-North Commuter Railroad;
34 Metropolitan Suburban Bus Authority;
35 Metropolitan Transportation Authority;
36 Natural Heritage Trust;
37 New York City Transit Authority;
38 New York Convention Center Operating Corporation;
39 New York State Bridge Authority;
40 New York State Olympic Regional Development Authority;
41 [New York State Thruway Authority;]
42 Niagara Falls Public Water Authority;
43 Niagara Falls Water Board;
44 Port of Oswego Authority;
45 Power Authority of the State of New York;
46 Roosevelt Island Operating Corporation;
47 Schenectady Metroplex Development Authority;
48 State Insurance Fund;
49 Staten Island Rapid Transit Operating Authority;
50 State University Construction Fund;
51 Syracuse Regional Airport Authority;
52 Triborough Bridge and Tunnel Authority;
53 Upper Mohawk valley regional water board;
54 Upper Mohawk valley regional water finance authority;
55 Upper Mohawk valley memorial auditorium authority;
56 Urban Development Corporation and its subsidiary corporations.
S. 8341 29
1 § 64. Title 9 of article 2 of the public authorities law is REPEALED.
2 § 65. Subdivision 15 of section 2.10 of the criminal procedure law is
3 REPEALED.
4 § 66. Subdivision 4 of section 27-1915 of the environmental conserva-
5 tion law is REPEALED.
6 § 67. Section 10-a of the highway law is REPEALED.
7 § 68. Section 10-e of the highway law is REPEALED.
8 § 69. Paragraph (y) of subdivision 1 of section 17 of the public offi-
9 cers law is REPEALED.
10 § 70. Section 89-c of the retirement and social security law is
11 REPEALED.
12 § 71. Paragraph v of subdivision 11 of section 98 of the state finance
13 law is REPEALED.
14 § 72. Subparagraph 7 of paragraph b of subdivision 2 of section 105 of
15 the state finance law is REPEALED.
16 § 73. Subdivision 2 of section 35 of the transportation law is
17 REPEALED.
18 § 74. Severability. If any provision or term of this act is for any
19 reason declared unconstitutional or invalid or ineffective by any compe-
20 tent jurisdiction, such decision shall not affect the validity of the
21 effectiveness of the remaining portions of this act or any part thereof.
22 § 75. This act shall take effect one year after it shall have become a
23 law; provided, however that:
24 (a) The amendments to paragraph (b) of subdivision 11 of section 310
25 of the executive law made by section 15 of this act shall not affect the
26 repeal of such section and shall expire and be deemed repealed there-
27 with;
28 (b) The amendments to paragraph (b) of subdivision 7 of section 821 of
29 the executive law made by section 16 of this act shall not affect the
30 repeal of such section and shall expire and be deemed repealed there-
31 with;
32 (c) The amendments to paragraph (a) of subdivision 5 of section 92-r
33 of the state finance law made by section 40 of this act shall not affect
34 the repeal of such section and shall expire and be deemed repealed ther-
35 ewith;
36 (d) The amendments to section 1180-e of the vehicle and traffic law
37 made by section 53 of this act shall not affect the repeal of such
38 section and shall expire and be deemed repealed therewith; and
39 (e) The amendments to subdivision 12 of section 1803 of the vehicle
40 and traffic law made by section 62 of this act shall not affect the
41 repeal of such subdivision and shall expire and be deemed repealed ther-
42 ewith.
